Friday, December 17, 2010

Re: My article on First Paush

December 16, 2010

Prof. Dr Mohan LohaniTribhuvan University,

Dear Prof Lohani

It makes me happy to note that you agree with me in seeing the need to warn CA members. These people need to learn lessons from the past constitutional history and especially from the constitution of 2015 under which the election was held and cabinet formed in the leadership of BP Koirala, and what transpired through till Paush first in 2017. All politicos, especially Kangresis, are being disingenuous in blaming Mahendra as undemocratic and labeling his action of that day as unconstitutional. Because, both of these aren’t true at all. He was what he was when the elections were held and eventually cabinet was formed. Further, he did what he did under the very constitution these people fought the election and won it with overwhelming majority, though. Essentially these people have been effectively misleading Nepali people. That is why I felt a need to write the article, that too without mincing words. In articulating all these I am not trying to defend Mahendra. I have also described the then system as absolute monarchy which allowed formation of political parites.

I agree with you with regards the beauty of democracy inherent in check and balance between the three arms of governance: legislature, executive and judiciary. We have to make sure that these people that we have elected to CA are able to enshrine such check and balance in the constitution they are busy “writing.”

Yes,I read your Pousha one article with great interest and carefully.You have rightly warned the CA members who are currently involved in the constitution drafting exercise that the new constitution should under no circumstance repeat the mistakes of the past and it should incorporate certain democratic norms and values as 'unamendable or unalterable'.If this is not done,as you have rightly pointed out,there is every danger of authoritarianism in the garb of one pary rule raising its ugly head to smother once again the fledgling democracy. I hope your article will alert all the stakeholders,including the constitution makers and constitutional experts of the country to make our new constitution truly democratic.Right now I am in the US,I have noticed the American constitution which was promulgated more than 2 centuries ago is functioning so well despite some disputes and controversy over Presidency vs Congress from time to time.The system of checks and balances has been so effectively maintained and no president who can hold office for two terms only can impose his or her dictatorial decision on the country.This is the beauty of democracy.